C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV 06/2020
FIRST AMENDMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and CLIFFORD MOSS, LLC (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Professional Services Contract dated November 5, 2021 (“Contract”) for the purpose of retaining the services of Contractor to provide pre-electoral revenue measure strategic services; and WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-One, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to NEW END DATE.
DocuSign Envelope ID: EFC1AF23-10D9-4E61-8814-7803038FB72E
EXHIBIT A
City of Emeryville | Professional Services Contract Amendment REV 06/2020
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by SIXTY THOUSAND DOLLARS AND NO CENTS ($60,000). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed ONE HUNDRED TWENTY THREE
THOUSAND TWO HUNDRED AND FIFTY DOLLARS AND NO CENTS
($123,250.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: EFC1AF23-10D9-4E61-8814-7803038FB72E City of Emeryville | Professional Services Contract Amendment REV 06/2020
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
FIRST AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
Christine S. Daniel, City Manager
Dated: CLIFFORD MOSS, LLC
(Signature)
Bonnie Moss, Principal
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
DocuSign Envelope ID: EFC1AF23-10D9-4E61-8814-7803038FB72E 04/18/2022
EXHIBIT A ONE-PAGE 1
CliffordMoss & City of Emeryville
ADDENDUM SCOPE OF SERVICES – 2022
Phase 2: Public Communications Services as City listens to community, considers, and prepares for a Local Revenue Measure on the November 2022 Ballot:
TIMELINE: ___________ through July 31, 2022
Recommend a public communications strategy to guide stakeholder and public communications as Client LISTENS to its community, considers a measure, and prepares for the ballot. Provide messaging guidance as Client implements above public communications strategy. Assist Client with promotion for one townhall meeting on May 9, 2022 (program funding provided by Client over and above Provider’s Fee).
In collaboration with Client, prepare and send one mailer to all voter households in Client’s jurisdiction (funded by Client over and above Provider’s fee). Coordinate for the benefit of Client additional research (a tracking poll) conducted by Pollster FM3 Research in the May/June 2022 time frame.
Collaborate with consultants to finalize and present tracking poll research results and ballot measure recommendations to Client.
If Client chooses to go to the November 2022 ballot, prepare Client for information-only communications environment to be used once Client’s measure is on the ballot (e.g. factual, information-only web content, fact sheets, FAQs, etc.). Attend and/or participate in City project-related meetings and Zoom/conference calls as needed. Provide ongoing project-related strategic counsel as needed.
Provider’s services do not include legal or financial advice or counsel of any kind.
DRAFT: 041522F1
DocuSign Envelope ID: EFC1AF23-10D9-4E61-8814-7803038FB72E Rev. 041522F1
EXHIBIT A ONE-PAGE 2
City of Emeryville
PUBLIC ENGAGEMENT PROGRAM
On the front end of a Possible November 2022 Revenue Measure
HOMESTRETCH CITY PRE-ELECTORAL BUDGET
April – July 2022
Stakeholder Communications Bare Bones
Budget
Direct Mail/Collateral
ALL voter households (HH) only
~6,800 Voters in ~4,800 HHs
Not to Exceed
$7,000
1 Mailer
Single mailer
Outbound message
tells story of need +
includes feedback
summary + FAQ +
provides reminder RE
City Council meetings
July 5 and 19, 2022
Estimates = all costs, e.g. copywriting,
design, print, mail house + postage.
Tracking Poll
May/June 2022
$26,500
CliffordMoss Fee
Through July 2022
$24,250
Miscellaneous expenses:
Assisting with texting + online graphics
for May 9th City Town Hall event.
$2,250
PRE-ELECTORAL PROGRAM
NOT TO EXCEED TOTAL = $60,000
DocuSign Envelope ID: EFC1AF23-10D9-4E61-8814-7803038FB72E